What is a personal injury case?
One of the broadest areas of law you will find, personal injury refers to an area involving accidents, workplace illnesses and injuries, and harm caused by another party.
Party makes it sound festive, but that means an individual, group, or organization in legal terms. If you incurred an injury at work when you hit your hand with a hammer, you would work with your employer to file for worker’s compensation under their insurance. You could also sue under certain circumstances.
Many types of personal injury exist. Certain law firms specialize in this type of legal case. These lawyers are there to help you fight for justice and get compensation for the injuries you’ve endured due to someone else’s negligence. Personal injury law is widespread and generally includes the following types of injuries:
- Car accidents,
- Motorcycle accidents,
- Electric scooter accidents,
- Boating accidents,
- Rideshare vehicle accidentssuch as those incurred when riding with Uber or Lyft,
- Bicycle accidents,
- Pedestrian accidents,
- Animal bites,
- Wrongful death,
- Traumatic brain injury,
- Nursing home neglect,
- Slip and fall accidents,
- Workplace accidents.
While most people trade insurance information when they have a fender-bender, other types of personal injury do not go as straightforwardly as one might hope. In nursing home neglect, workplace accidents, slip, and fall accidents at a business, animal bites, and wrongful death cases, it takes contacting an attorney to begin the process of obtaining a settlement.
To collect payments for pain and suffering, you typically need to prove negligence on the part of the injuring party. In vehicular accidents, this creates complex investigations because multiple parties may share in the fault of the accident. You must prove that the other party or parties caused the accident to determine fault, but you must prove negligence to collect for pain and suffering. In many states, if you share any of the faults, you cannot collect for pain and suffering. In some states you can if you shared less of the fault than the injuring party. This, however, reduces the settlement amount you can receive by the percentage of your fault. For example, if the injuring party was 80 percent at fault, but you were 20 percent at fault, the judge, jury, or mediator may still find for you. If the settlement awarded in the legal process is $100,000, that award gets reduced by the percent of fault you incurred or 20 percent. That means that you would receive $80,000.
Although this may sound complex, these matters actually comprise some of the simplest concepts of personal injury law to explain. Weeding through the process of investigation and settlement is even harder. When you need an Oakland personal injury attorney after you or a loved one has been in an accident or incurred a workplace illness or injury, do not hesitate to get the help you need. You deserve a qualified legal professional who can help you navigate the complex justice system, understand your rights, and fight for you. Although an injury can have lasting physical and emotional consequences, getting compensation to help cover your costs can help during your recovery.